AGENDA

Wednesday, August 26, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-0920-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 98-0921-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Deputy Director for Administrative Services as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on the matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 98-0922-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken


MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, August 26, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Requests
Item 1. Docket No. 98-0879-AIR. KOCH CARBON, INC. for Air Quality Permit No. 9892A for relocation of a Petroleum Coke Processing Facility. The relocated facility will be located at BMD No. 2 Bulk Terminal Road, Corpus Christi, Nueces County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerri Rowland/Wesley Smith)
Remand to Executive Director, BM. Dies for lack of second. Deny Hearing and Issue Permit, RM/JB. McBee Voted No.
Item 2. Docket No. 98-0878-MWD. Request by INLINE DEVELOPMENT CORP. for a new permit (proposed Permit No. 13942-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.036 million gallons per day. The wastewater treatment facility will serve a 160-space mobile home park. The plant site will be located between the 9800 and 10700 blocks of Boudreaux Road, approximately 1/2 mile west of the intersection of Boudreaux and Stuebner-Airline Road in Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)
Issue Permit, BM/JB. All Commissioners Agree
Permit Renewal
Item 3. Docket No. 98-0898-IWD. Request by BRAZOS ELECTRIC POWER COOPERATIVE, INC. for a renewal of permit No. 01903. The permit authorizes the continuous discharge of once through cooling water via Outfall 001 at a daily average flow not to exceed 400 million gallons per day, and the intermittent discharge of low volume waste source via Outfalls 002 and 003 on a variable flow basis. The permittee operates the Randle W. Miller steam electric generating station. The plant site is located on the west shore of Lake Palo Pinto, three miles east of Farm-to-Market Road 919, approximately 11 miles north of the City of Gordon, Palo Pinto County, Texas. (Louis Herrin/Margaret Hoffman)
Continued to September 23, 1998
Temporary Variance
Item 4. Docket No. 98-0898-IWD. Request by BRAZOS ELECTRIC POWER COOPERATIVE, INC. for a temporary variance to the existing surface water quality standards for total aluminum in Lake Palo Pinto in Segment No. 1230 of the Brazos River Basin. The temporary variance will allow the Commission time to consider adoption of a site specific standard prior to Brazos Electric Power Cooperative, Inc. having to comply with effluent limits based on existing surface water quality standards. (Louis Herrin/Margaret Hoffman)
Continued to September 23, 1998
District
Item 5. Docket No. 98-0338-DIS. Consideration of a Proposed Order Approving the Petition of a Landowner for Dissolution of Harris County Municipal Utility District No. 115. The Petitioner requests that the Commission dissolve the district pursuant to V.T.C.A., Water Code Sections 49.321-49.327. (TNRCC Internal Control No. 120197-D03, Cindy Cartwright)
Approve the Petition as requested, BM/RM. All Commissioners Agree
Authorization to Construct
Item 6. Docket No. 98-0874-MWD. Consideration of a request by EXXON COMPANY, USA, for an Order authorizing construction of additional wastewater treatment facilities in Harris County, Texas, prior to Commission consideration of Exxon's application for an amendment to an existing wastewater discharge permit. The proposed authorization would not permit the discharge of any wastewater. (Anthony Tatu, Chris Linnendoll)
Approve Authorization to Construct with changes to Order, BM/RM. All Commissioners Agree
Item 7. Docket No. 98-0916-MWD. KOPPERL INDEPENDENT SCHOOL DISTRICT The Commission will consider an application by the Kopperl Independent School District for an Order authorizing the construction of a new wastewater treatment facility prior to Commission consideration of its application for a wastewater discharge permit. The proposed authorization to construct would allow Kopperl Independent School District to advance the date by which it may begin construction of its wastewater treatment plant. The proposed authorization to construct would not permit the discharge of any wastewater. Kopperl Independent School District has applied for proposed Permit No. 13982-001, which would authorize the disposal of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 0.012 million gallons per day. The proposed wastewater treatment facility would serve the Kopperl Independent School District. The plant site would be located at 101 Fifth Street, approximately 1800 feet east-northeast of the intersection of Farm-to-Market Road 56 and the Burlington Northern/Santa Fe Railroad in the Town of Kopperl, Bosque County, Texas. The treated effluent would be discharged to Plowman Creek; thence to Lake Whitney in Segment No. 1203 of the Brazos River Basin. (Jim Bateman, Mark Sullivan)
Approve Authorization to Construct, JB/RM. All Commissioners Agree
Resolutions
Item 8. Docket No. 98-0943-RES. Consideration of a Resolution continuing the existence of the Irrigators Advisory Council until August 31, 1999. This action will also appoint members to the Irrigators Advisory Council. (Kadas/Conrad)
Continued to September 23, 1998
Item 9. Docket No. 98-0944-RES. Consideration of a Resolution continuing the existence of the Advisory Committee for Water Utility Operator Certification until August 31, 1999. This action will also appoint members to the Advisory Committee for Water Utility Operator Certification. (Kadas/Conrad)
Approve Resolution as recommended, RM/JB. All Commissioners Agree
Item 10. Docket No. 98-0950-RES. Resolution authorizing and giving consent to the Executive Director to enter into all contracts and other agreements on behalf of the Commission; authorizing the Executive Director to manage and perform all other contractual actions; authorizing the Executive Director to delegate all such contract authority to agency staff; and authorizing the Executive Director to designate individuals to approve payment documents requesting the comptroller to make payments to vendors and other appropriate parties. (Pat Robards)
Approve Resolution as Recommended, JB/RM. All Commissioners Agree
Budget Matters
Item 11. Docket No. 98-0927-BGT. Consideration of an order assessing the cost of Watermaster Operations in the Rio Grande and associated basins. The compensation and necessary expenses of the Rio Grande Watermaster operations for the fiscal year beginning September 1, 1998 ending August 31, 1999 is six hundred and twenty-five thousand and no/100 dollars. ($625,000.00)
Approve Order, JB/BM. All Commissioners Agree
Item 12. Docket No. 98-0928-BGT. Consideration of an order assessing the cost of Watermaster Operations in the South Texas Watermaster Division, which consists of the Nueces, San Antonio, Guadalupe and Lavaca River Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and Nueces-Rio Grande Coastal Basins, except that part of the Nueces-Rio Grande Coastal Basin in Hidalgo, Cameron, Willacy and Starr Counties. The compensation and necessary expenses of the South Texas Watermaster operations for the fiscal year beginning September 1, 1998 ending August 31, 1999 is four hundred and sixty-four thousand and one hundred and thirty-one and no/100 dollars ($464,131.00)
Approve Order, BM/JB. All Commissioners Agree
Air Enforcement Agreed Orders
Item 13. Docket No. 98-0087-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Sherman Foundry Company, Incorporated in Grayson County; Account No. GI-0058-D; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission.
Issue Agreed Order, JB. Dies for lack of second. Issue Agreed Order RM/BM. All Agree
Item 14. Docket No. 98-0027-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Mr. George Gates dba Gates Construction and Mr. Ron Pitts in Hardin County; Account Nos. HF-0214-G and HF-0215-E; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, JB. Dies for Lack of Second. Remand to Executive Director, RM/BM. Baker voted no.
Item 15. Docket No. 98-0137-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lorenzo Borrego dba Borrego Motors in El Paso County; Account No. EE-0772-G; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, JB. Dies for Lack of Second. Issue Agreed Order, RM/BM. All Commissioners Agree
Item 16. Docket No. 98-0360-AIR-E. Consideration of an Agreed Order assessing administrative penalties of National Recycling and Developers, Incorporated in Johnson County; Account No. JH-0245-V; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Issue Agreed Order, JB. Dies for Lack of Second. Issue Agreed Order, RM/BM. All Commissioners Agree
Item 17. Docket No. 98-0136-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Parks and Wildlife Department, Hueco Tanks State Historical Park in El Paso County; Account No. EE-1706-M; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, JB. Dies for Lack of Second. Issue Agreed Order, RM/BM. All Commissioners Agree
Item 18. Docket No. 98-0105-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of H & H Meat Products Company, Incorporated in Hidalgo County; Account No. HN-0051-T; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Issue Agreed Order, JB. Dies for Lack of Second. Issue Agreed Order, RM/BM. All Commissioners Agree
Item 19. Docket No. 98-0274-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Farris Concrete Company in Tarrant County; Account No. 93-1289-H; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Issue Agreed Order, JB. Dies for Lack of Second. Remand to Executive Director, RM/BM. Baker Voted No.
Item 20. Docket No. 97-1066-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Automotive Collision Specialist in Shelby County; TNRCC ID No. SI-0067-S; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 21. Docket No. 97-1029-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Odell Geer Construction Company, Incorporated in Bell County; TNRCC ID No. 906084C; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 22. Docket No. 97-0536-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kessler Industries, Inc. in El Paso County; TNRCC ID No. EE-0047-R; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 23. Docket No. 97-0907-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of J.C. Viramontes, Inc. dba International Garment Processors in El Paso County; TNRCC ID No. EE0629F;for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 24. Docket No. 97-1088-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crown Central Petroleum Corporation in Harris County;TNRCC ID No. HG0175D; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar)
Issue Agreed Order, BM/RM. All Commissioners Agree
Air Enforcement Default Order
Item 25. Docket No. 97-0732-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Adames Motors, Inc. in Dallas County; TNRCC ID No. DB-4670-O; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Default Order, RM/BM. Baker Absent for Vote
Municipal Waste Discharge Enforcement Agreed Orders
Item 26. Docket No. 98-0127-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the United States Army Corps of Engineers in Jasper County; Permit No. 12093-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 27. Docket No. 97-0637-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Craig Penfold dba Village Oaks Mobile Home Community in Denton County; TNRCC ID No. 12667-001; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Robin S. Houston)
Issue Agreed Order, BM/JB. All Commissioners Agree
Item 28. Docket No. 97-0940-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eugenia Balaban and Mikhailina Balaban in Harris County; TNRCC ID No. 13749-001; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Robin S. Houston)
Issue Agreed Order, BM/JB. All Commissioners Agree
Item 29. Docket No. 98-0056-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Texas Municipal Water District in Collin County; Permit No. 12446-001; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 30. Docket No. 98-0029-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sabine Valley Regional MH-MR Center in Harrison County; Water Quality Permit 11361-001; for water quality violations pursuant to the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RM/BM. All Commissioners Agree
Agricultural Enforcement Agreed Orders
Item 31. Docket No. 96-0372-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Billy Sanders in Johnson County; No TNRCC Permit; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kara Salmanson)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 32. Docket No. 97-0891-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petrus Hubertus Van Rijn in Hopkins County; Enforcement ID No. 11662; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kara Salmanson)
Issue Agreed Order, RM/BM. All Commissioners Agree
Public Water Supply Enforcement Agreed Orders
Item 33. Docket No. 97-0510-PWS-E. Consideration of an Agreed Order requiring certain actions of George M. Fenlaw in Upshur County; TNRCC ID No. 11463;for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Z. Hernanadez)
Issue Agreed Order, BM/JB. All Commissioners Agree
Item 34. Docket No. 97-1041-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Stevens dba Stevens Water Company in Tyler and Polk counties; TNRCC ID Nos. 2290015, 2290027, 2290043, 1870059, 1870026 and CCN No. 12072; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issue Agreed Order, BM/JB. All Commissioners Agree
Item 35. Docket No. 97-0632-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Lincecum d/b/a Powers Water System in Brazoria County; Public Water System No. 0200159; for drinking water quality violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, BM/JB. All Commissioners Agree
Public Water Supply Default Orders.
Item 36. Docket No. 96-1713-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Richard Shearer dba Oak Knoll Estates Water System in Harris County; PWS No. 1010189;for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Barbara M. Lazard)
Issue Default Order, JB/BM. All Commissioners Agree
Item 37. Docket No. 97-0556-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Wood Island Co-Op Property Owners Association in Travis County; TNRCC ID No. 2270213;for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Barbara M. Lazard)
Remand to Executive Director, BM/RM. All Commissioners Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 38. Docket No. 97-0544-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hewitt's Inc. in Upshur County; TNRCC ID No. 31748; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Agreed Order with change to Order, RM/JB. McBee Absent for Vote
Item 39. Docket No. 96-1989-PST-E. Consideration of an Agreed Order assessing administrative penalties of Filgo Oil Company in Dallas County; TNRCC ID No. 62620; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Agreed Order, RM/JB. McBee Absent for Vote
Petroleum Storage Tank Default Order
Item 40. Docket No. 97-0893-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Agustin Hernandez, Manuel Hernandez, and Modesto Hernandez, dba Triple H Mart, and Ida Salinas in Hidalgo County; TNRCC ID No. 48887; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Default Order, RM/BM. All Commissioners Agree
Landscape Irrigator Enforcement Agreed Order
Item 41. Docket No. 96-0857-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jose Angel Cardenas in Travis County; TNRCC ID No. None; for landscape irrigator violations pursuant to Chapter 34 of the Texas Water Code. (Robin S. Houston)
Issue Agreed Order, BM/RM. All Commissioners Agree
Municipal Solid Waste Enforcement Agreed Orders
Item 42. Docket No. 98-0049-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Newton in Newton County; TNRCC ID No. 40106; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Z. Hernandez)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 43. Docket No. 96-1865-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Seguin in Guadalupe County; TNRCC ID No. 97; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Z. Hernandez)
Issue Agreed Order, JB/RM. All Commissioners Agree
Municipal Solid Waste Enforcement Default Order
Item 44. Docket No. 97-1126-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain action of Charles Williams dba Ma & Pa Trash Service in Hardin County; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issue Default Order, RM/JB. All Commissioners Agree
On-Site Sewage Enforcement Agreed Order
Item 45. Docket No. 97-0540-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stormy Nation in Bastrop County; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Robin S. Houston)
Issue Agreed Order, JB/RM. All Commissioners Agree
Industrial Hazardous Waste Enforcement Agreed Order
Item 46. Docket No. 97-0294-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laidlaw Environmental Service (Deer Park), Inc., (Formerly Rollins Environmental Services (TX), Inc.) in Harris County; TNRCC ID No. 37328; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission.
Issue Agreed Order, RM/BM. All Commissioners Agree
On-Site Sewage Facility Enforcement Agreed Order
Item 47. Docket No. 97-1114-OSS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. John Gardner in Parker County; Transporter Registration No. 20474; for water quality violations pursuant to the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, JB/RM. All Commissioners Agree
On-Site Sewage Facility Enforcement Default Order
Item 48. Docket No. 98-0381-OSS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gene Lowenthal in Limestone County; TNRCC ID No. None; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission (Robin S. Houston)
Issue Default Order, BM/JB. All Commissioners agree
Industrial Hazardous Waste Enforcement Agreed Order
Item 49. Docket No. 97-1128-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Messrs. Lyle Gunderson and Roane Harwood in Bexar County; for waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)
Issue Agreed Order, JB/BM. All Commissioners Agree
Licensed Irrigators Enforcement Agreed Order
Item 50. Docket No. 97-0421-LII-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Kevin Keane in Collin County; Licensed Irrigator No. LI0002967; for licensing violations pursuant to Texas Water Code, Chapter 34, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, BM/RM. All Commissioners Agree
Rules
Item 51. Docket No. 98-0767-RUL. Consideration for publication of, and hearing upon, proposed new 30 TAC Chapter 116, Subchapter B, Section 116.135, concerning Public Notice Requirements for Concrete Batch Plants and Subchapter F, Section 116.622, concerning Concrete Batch Plants, an amendment to 30 TAC Chapter 116, Subchapter F, Section 116.614, concerning Standard Permit Fees, and the repeal of 30 TAC Chapter 106, Subchapter H, Section 106.201, concerning Permanent and Temporary Concrete Batch Plants, Section 106.202, concerning Temporary Concrete Batch Plants, and Section 106.203, concerning Specialty Batch Plants. If approved, the proposed new sections, amendments, and repeals will create a standard permit for all new concrete batch plants and consolidate existing regulations concerning concrete batch plants within that standard permit. (Beecher Cameron) (Rule Log No. 98005-116-AI)
Continued to September 10, 1998
Item 52. Docket No. 98-0628-RUL. Consideration for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 106, Subchapter A, concerning general requirements for exemptions from permitting; proposed new 30 TAC Chapter 106, Subchapter A, concerning general requirements for exemptions from permitting; and proposed revisions to 30 TAC Chapter 116, Section 116.620, concerning installation and/or modification of oil and gas facilities. If approved, the proposed repeals and new sections in Subchapter A would lower the upper emission limits for facilities to use exemptions from permitting. Subchapter A is also revised to improve readability. (Jim Dodds, Dale Beebe-Farrow, Kerry Drake) (Rule Log No. 98020-106-AI)
Proceed with publication and hearing, BM/JB. All Commissioners Agree
Item 53. Docket No. 98-0476-RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Section 115.600, concerning Definitions; and for revisions to the State Implementation Plan (SIP). If adopted, the amendments would add language to the definition of "crawling bug insecticide" that would differentiate a "house dust mite" from other crawling bugs and a "house dust mite product" from crawling bug insecticides to exclude such products from the volatile organic compound (VOC) limitation contained in the subchapter. All of the definitions contained in the section would also be numbered to conform to new Texas Register standards. The proposed rules were published in the June 5, 1998, issue of the Texas Register (23 TexReg 5938). (Steve Ortiz) (Rule Log No. 98015-115-AI).
Approve Adoption as Recommended, BM/JB. All Commissioners Agree
Item 54. Docket No. 98-0238-RUL. Consideration for adoption of new 30 TAC Chapter 90, concerning Regulatory Flexibility. If adopted, the new chapter would implement the provisions of Senate Bill 1591, 75th Legislature, which allows the commission to authorize an alternative method or standard for the control or abatement of pollution if it is at least as protective of public health and the environment as the current method or standard. The proposal was published in the May 8, 1998, issue of the Texas Register (23 TexReg 4519) (Jim Dodds, Sherman Krause) (Rule Log No. 97166-090-AD)
Approve Adoption as Recommended, RM/JB. All Commissioners Agree
EXECUTIVE SESSION
Item 55. Docket No. 98-0952-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 56. Docket No. 98-0593-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
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ADDENDUM TO AGENDA

Wednesday, August 26, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 57. Docket No. 98-0877-MWD. Request by VON ADRIAN USA MANAGEMENT CORPORATION for a new permit, proposed Permit No. 13953-001, to authorize the treatment and disposal of domestic wastewater effluent at a daily average flow not to exceed 15,833 gallons per day (gpd) in the interim I phase, 31,667 gpd in the interim II phase and 47,500 gpd in the final phase. Disposal will be via subsurface drip irrigation on 475,000 square feet of non-public access land to be maintained in a natural state. Application rates shall not exceed 0.10 gallons per square foot per day. The wastewater treatment facility will serve 190 condominium units. The wastewater treatment facilities and disposal site will be located at 4106 North Farm-to-Market Road 620, north of Farm-to-Market Road 620, and approximately 0.4 miles north-northwest of Mansfield Dam in Travis County, Texas. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(B). The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman).
Executive Director referral to State Office Administrative Hearing.
Item 58. Docket No. 97-0861-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gary L. Roe in Johnson County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Agreed Order, RM/JB. McBee Absent for vote
Item 59. Docket No. 97-0034-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of DJLJ Corporation dba Tank Wash USA. Inc. in Harris County; TNRCC ID No. 73425; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kara Salmanson)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 60. Docket No. 96-1872-LII-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Don Jones in Denton County; Irrigator License No. LI0001980; for licensing violations pursuant to Tex. Water Code Chapter 34 and the rules of the Texas Natural Recourse Conservation Commission. (Karen Berryman)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 61. Docket No. 97-0432-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Enrique Galvan in Val Verde County; Not Licensed; for irrigator licensing violations pursuant to Tex. Water Code ch 34 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 62. Docket No. 97-0431-LII-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Berry Linden Mulford in Val Verde County; Irrigator License No. LI0004610; for licensing violations pursuant to Tex. Water Code ch 34 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 63. Docket No. 97-0420-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Maurice Keane in Collin County; Licensed Irrigator No. LI0002968; for licensing violations pursuant to Tex. Water Code ch 34 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 64. Docket No. 96-1874-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Pamela Cheatham in Collin County; Irrigator License No. LI0004337; for licensing violations pursuant to Tex. Water Code ch 34 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, BM/RM. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, August 26, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 65. Docket No. 98-0109-RUL. Consideration of proposed new 30 Texas Administrative Code (TAC) Chapter 350, Subchapter A concerning General Information, Subchapter B concerning Affected Property Assessment, Subchapter C concerning Development of Protective Concentration Levels, Subchapter D concerning Remedy Standards, Subchapter E concerning Reports, and Subchapter F concerning Institutional Controls; new 30 TAC Chapter 37, Subchapter N concerning Financial Assurance Requirements for the Texas Risk Reduction Program rule; conforming amendments to 30 TAC Chapter 327 concerning Spill Prevention and Control, 30 TAC Chapter 331 concerning Underground Injection Control, 30 TAC Chapter 332 concerning Composting, 30 TAC Chapter 333 concerning Voluntary Cleanup Programs, 30 TAC Chapter 334 concerning Underground and Aboveground Storage Tanks, and Chapter 335 concerning Industrial Solid Waste and Municipal Hazardous Waste; and repeal of 30 TAC Section 333.11 concerning public notice requirements for the Voluntary Cleanup Program. If approved, the new Chapter 350 rule, referred to as the Texas Risk Reduction Program (TRRP) rule, would establish a uniform set of risk-based performance-oriented technical standards to guide response actions at affected properties. Specifically, the proposed rule would establish: requirements pertaining to off-site properties and leased lands; required actions when substantial changes in circumstances occur at an affected property; assessment of property affected by chemicals of concern (COCs); development of protective concentration levels for human and ecological receptors; response actions necessary to restore a property to active and productive use; requirements for post-response action care; financial assurance for post-response action care in certain circumstances; reporting requirements; and standardized deed recordation/restrictive covenant language. Proposed new 30 TAC Chapter 37, Subchapter N,
Remand to Executive Director, RM/BM. All Commissioners Agree
Item 66. Docket No. 98-0996-EXE. The Commission will meet in closed session to receive legal advice on agency options relating to delegation of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take official action concerning this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 67. Docket No. 98-0999-MLM. Consideration of the Executive Director's request for remand of the proposed designation of El Paso County as a Priority Groundwater Management Area (PGMA) to the State Office of Administrative Hearings. The Executive Director has recommended that most of El Paso County be designated as a PGMA under Chapter 35 of the Texas Water Code because the area is experiencing or expected to experience, within the immediately following 25-year period, critical groundwater problems. The Commission must hold an evidentiary hearing in El Paso County on proposed PGMA designation, but the hearing is not a contested case under the Administrative Procedure Act. The Executive Director requests that SOAH summarize the evidence and not prepare a Proposal for Decision or Proposed Order. (R. Smith/S. Musick)
Remand to State Office Administrative Hearing as Modified, JB/BM. All Commissioners Agree


AGENDA

Wednesday, August 26, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 96-0819-PWS-E; SOAH Docket No. 582-97-1704. Consideration of Administrative Law Judge's Proposal for Decision and Order against Quadvest, Inc., for alleging that Quadvest failed to timely submit a Lead/Copper Site Selection Form for seven public drinking water systems located in Harris, Montgomery and Waller Counties, Texas. (Bill Zukauckas)
Adopt ALJ PFD and Issue Order, BM/JB. All Commissioners Agree
Item 2. TNRCC Docket No. 96-0995-PWS-E; SOAH Docket No. 582-97-2171. Consideration of Administrative Law Judge's Proposal for Decision and Order against Jerry House dba House-Corral Street Water system alleging that Respondent failed to submit to the Commission water samples from his public water supply system for bacteriological analysis, Hockly, Harris County, Texas. (Bill Ehret)
Adopt ALJ PFD and Issue Order with corrections, RM/BM. All Commissioners Agree